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Developments in Antitrust Law Impacting Hospital Relationships with Insurance Companies

In a win for state-deputized hospital corporations, a North Carolina non-profit hospital authority defeated a putative antitrust class seeking treble damages on the pleadings. Benitez v. The Charlotte-Mecklenburg Hospital Authority, d/b/a Carolinas Health System, No. 3:18-cv-00095 (W.D.N.C. March 4, 2019). At issue in Benitez was the presumably anti-competitive effect of so-called "anti-steering" clauses in the defendant hospital's insurer agreements, notably the same conduct the Department of Justice (DOJ) had already...